Legal
1.1 Provider. These Terms of Service ("Terms") constitute a legally binding agreement between Crowded Kingdom Studios, Inc. ("CK," "we," "us," or "our"), a Delaware C corporation, and the individual or entity accessing or using the CK Spatial Fabric API ("Customer," "you," or "your").
1.2 Acceptance. By registering for an account, clicking "I Agree," providing payment information, or accessing or using the CK Spatial Fabric API in any manner, you agree to be bound by these Terms. If you are accepting on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
1.3 Eligibility. You must be at least 18 years of age, or the age of majority in your jurisdiction if older, to use the API. By agreeing to these Terms, you represent and warrant that you meet this requirement and are not barred from receiving services under applicable law.
1.4 Modifications. CK reserves the right to modify these Terms at any time. We will provide at least 30 days' notice prior to any material changes taking effect by posting updated Terms and, where practicable, notifying you by email. Your continued use of the API following the effective date of any modification constitutes acceptance of the updated Terms.
2.1 CK Spatial Fabric. The CK Spatial Fabric API (the "API") provides access to CK's proprietary horizontally scalable spatial routing infrastructure, enabling real-time state synchronization and replication across distributed virtual environments at scale ("Spatial Fabric" or the "Service").
2.2 License Grant. Subject to your compliance with these Terms and timely payment of all applicable fees, CK grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the API solely for your internal development purposes and to integrate the Service into your authorized applications ("Your Applications").
2.3 Scope of License. The license granted herein does not include: (a) access to the underlying source code, firmware, or hardware of CK Spatial Fabric; (b) any rights to CK's proprietary spatial routing algorithms, protocols, or infrastructure designs; (c) the right to use the Service as a standalone product for resale; or (d) any implied rights not expressly stated in these Terms.
2.4 Documentation. CK will make API documentation available to you. CK may update documentation at any time without notice.
2.5 Beta Features. CK may make certain features or functionality available on a beta basis. Beta features are provided "as is" with no warranties and may be discontinued at any time.
2.6 Environments. An Environment is an isolated Game API, replication, and database stack, deployed to a datacenter and provisioned with a defined capacity. Your Apps (Section 3.7) run on Environments, and a single Environment may host one or more Apps. The Service offers two environment types:
2.7 Version Control for Private Environments. CK may release new versions of the Spatial Fabric software stack from time to time. Private Environment administrators may control the timing of upgrades to their Private Environment within a window CK designates. CK reserves the right to require upgrades for security, compliance, or operational reasons.
2.8 Feature and Environment Availability. Not all features and environment types described in these Terms are generally available at all times. In particular, the ability to create or provision custom or dedicated Private Environments may not yet be available to all customers; unless and until it is, your Apps run on the shared Public Environment. CK may make additional environment types and capabilities available, and may modify or withdraw them, at its discretion. For current availability or specific information, contact CK at hello@crowdedkingdoms.com.
3.1 Account Creation. To access the API, you must register for an account by providing accurate, complete, and current information. You agree to keep this information updated.
3.2 API Keys and Tokens. Upon registration, CK will issue you one or more API keys and may issue server-to-server API tokens for programmatic access. API keys and tokens are unique to your account and are confidential. You are solely responsible for maintaining the confidentiality and security of your API keys and tokens. References to "API keys" in these Terms include both API keys and server-to-server API tokens.
3.3 Prohibited Sharing. You may not share, transfer, sell, or sublicense your API keys to any third party. Any use of the API with your API keys will be attributed to your account and billed accordingly.
3.4 Unauthorized Use. You must notify CK immediately at hello@crowdedkingdoms.com upon becoming aware of any unauthorized access to or use of your account or API keys. CK is not liable for any losses arising from unauthorized use of your account prior to your notification.
3.5 Suspension Rights. CK reserves the right to suspend or terminate your account or API access at any time, with or without notice, if CK reasonably believes you have violated these Terms.
3.6 Organizations. You may create one or more "Organizations" within your account. An Organization is a billing and access-control container that owns your Apps (Section 3.7) and Environments, holds prepaid wallet balances, and permits you to invite and manage members. Apps and Environments must be associated with an Organization. The account holder who creates an Organization is the Organization administrator and is responsible for all activity, Fees, and compliance obligations of that Organization. CK may make available role and permission controls within Organizations from time to time; the availability and scope of such controls is at CK's sole discretion.
3.7 Applications (Apps). An "App" is a product or project you create within an Organization. An Organization may create an unlimited number of Apps. Each App runs on one or more Environments (Section 2.6) — a Public Environment or one or more Private Environments — and a single Environment may host multiple Apps. Apps and Environments are distinct: the App is your product, and the Environment is the isolated stack it runs on. CK does not charge for Apps themselves — there is no per-App or per-seat fee. Fees are based on the Environments an App uses and their usage under Section 4. Free-tier allowances applicable to Apps are published on the Rate Card.
4.1 Fees. Access to the API is subject to fees based on your usage as set forth in CK's then-current pricing schedule (the "Rate Card"), or as otherwise agreed in writing ("Fees"). The Rate Card sets out the applicable Usage Metrics (Section 4.3), their unit rates, and any included free allowances. The Free Tier and Billing Basis page forms part of the Rate Card and sets out the free allowances and the measurement basis. The current Rate Card and the rates in effect for your Organization are always available in your account — check there for the latest pricing. CK reserves the right to change pricing upon 30 days' notice. If your applicable rates are unclear, contact CK at hello@crowdedkingdoms.com.
4.2 Prepaid Wallet Model. Fees for the Service are paid in advance through a prepaid wallet balance ("Wallet") associated with your account or Organization. You add funds to your Wallet using a supported payment method, and CK draws against your Wallet to settle Fees as they accrue. Postpaid billing, invoiced billing, or other usage-based billing arrangements are available only under a separately negotiated written agreement.
4.3 Pricing Components: Reserved Throughput and Aggregate Volume. Fees for the Service are based on two dimensions, analogous to how network connectivity is billed — a reserved rate plus metered volume:
A reservation is a floor, not a ceiling. It obliges CK to keep that much capacity in service for you; it does not cap your use of the Service, and use above the reserved rate is metered under Section 4.3(b) and (c) like any other usage rather than refused. CK does not rate-limit an Organization with a funded Wallet and metered usage enabled; your exposure is bounded by the spend caps you set. Reserved Throughput is available on the Public (shared) Environment and on any reserved-capacity tier CK may offer, and does not require a Private Environment.
The reservation fee buys capacity, not volume. It is charged in addition to, and does not include or offset, the metered charges under Section 4.3(b) and (c). All usage is metered from the first unit, whether it falls within the reserved rate or above it, and a reservation carries no included volume, credit, or allowance of its own. Free allowances, where CK publishes them, apply on the same terms regardless of whether you hold a reservation.
The reserved-throughput units, volume units, unit rates, and included free allowances in effect are those published on the Rate Card referenced in Section 4.1 (the reserved and metered charges above, collectively, "Usage Metrics"). CK's measurement of Usage Metrics is final and binding absent manifest error. Upon your reasonable written request, CK will provide usage records supporting your Fees and review in good faith any measurement you dispute.
Billing mechanics. Reserved Throughput is charged for the reservation period regardless of actual utilization. Aggregate Data Volume is metered over successive billing intervals; after applying any free allowance published on the Rate Card, CK draws the resulting Fees from your Wallet under Section 4.2, rounding each interval's aggregate up to the nearest cent. Apart from the Reserved Throughput commitment, there is no minimum volume charge. Fees under this Section are settled by Wallet debit and are not separately charged to your payment method.
4.4 First Day Reserve. To prevent service interruption and to ensure CK does not extend service for which payment has not been received, your Wallet must maintain a minimum balance ("First Day Reserve") sufficient to cover approximately 24 hours of projected Fees based on your then-current Reserved Throughput and usage profile. The First Day Reserve is calculated and updated by CK and may change as you modify your configuration. You must maintain a Wallet balance equal to or greater than the First Day Reserve at all times to keep the Service active.
4.5 Auto-Suspension on Low Balance. If your Wallet balance falls below the First Day Reserve, CK may automatically suspend the affected Private Environment(s) and any other Service components dependent on that balance. Suspension under this Section is automatic, requires no notice, and does not constitute termination. Service will resume automatically once your Wallet balance is restored above the First Day Reserve threshold, subject to any time required for re-provisioning. CK is not liable for any losses, data, or capacity attributable to a suspension under this Section.
4.6 Payment Methods. CK currently supports payment through Stripe and PayPal. Additional payment methods may be added or removed at CK's discretion. By providing a payment method, you authorize CK and its payment processors to charge that method for amounts you elect to add to your Wallet, and you represent that you are authorized to use the payment method.
4.7 Decoupled Provider Pricing. CK's published rates are independent of, and not a pass-through of, the prices charged by underlying data center, cloud, or infrastructure providers. CK sets its own rates and may absorb, surface, or reallocate underlying provider costs at its sole discretion. Changes in underlying provider pricing do not entitle you to a price adjustment.
4.8 Auto-Scaling Authorization. Where you enable auto-scaling for a Private Environment, you authorize CK to provision additional instances and resources within the parameters you configure, and you remain responsible for all Fees incurred by such auto-scaled capacity. CK is not obligated to alert you in advance of auto-scaling charges or to enforce caps beyond those you configure.
4.9 Promotional Credits. CK may from time to time issue promotional credits, free credits, or similar non-cash balances to your Wallet (collectively, "Promotional Credits"), including in connection with referral programs, hackathons, partner promotions, or evaluation grants. Promotional Credits: (a) have no cash value and are not redeemable for cash or refunds under any circumstances; (b) may not be transferred between accounts or Organizations; (c) may carry expiration dates, usage restrictions, or eligibility conditions specified at the time of issuance; (d) may be revoked, modified, or rescinded by CK at any time in CK's sole discretion; and (e) will be applied to Fees in such order as CK determines, generally before paid Wallet balance is consumed.
4.10 No Refunds. Except as expressly provided in Section 12.6 (refund of unused paid Wallet balance on termination without your breach) or as required by applicable law, all amounts added to your Wallet, all Fees drawn from your Wallet, and all Promotional Credits are non-refundable. Unused Wallet balances are not refundable upon termination, suspension, or closure of your account, except as provided in Section 12.6 or as required by applicable law. Unused capacity, reserved access periods, and Promotional Credits are not refundable.
4.11 Taxes. All Fees and Wallet contributions are exclusive of applicable taxes, levies, duties, or similar governmental charges. You are responsible for paying all such taxes, excluding taxes based solely on CK's income.
4.12 Disputes. You must notify CK of any billing dispute within 30 days of the transaction or Wallet draw giving rise to the dispute. Undisputed amounts remain due and payable, and your obligation to maintain the First Day Reserve continues, during any dispute process.
4.13 Sustained Nonpayment. Suspension under Section 4.5 is not termination. However, an account or Organization that remains below the First Day Reserve for a sustained period as determined by CK may be terminated under Section 12, and CK may delete associated data following the data export window in Section 12.7.
4.14 Service is Not a Donation Platform. The Service is a commercial paid offering. Fees and Wallet contributions are payment for services rendered and do not constitute donations, charitable contributions, or investments, and are not tax-deductible as such.
4.15 Automatic Wallet Top-Up. You may enable automatic top-up for your Wallet, authorizing CK to automatically charge your designated payment method for a specified amount whenever your Wallet balance falls below a threshold you configure (or a default threshold CK provides). By enabling automatic top-up, you authorize CK and its payment processors to initiate recurring charges to your designated payment method for each such top-up without further action or approval from you at the time of each charge. You may disable automatic top-up at any time through your account settings; disabling it does not affect charges already initiated. You are responsible for ensuring your designated payment method remains valid and sufficiently funded to support any automatic top-up you enable.
4.16 Chargebacks. If you initiate a chargeback, dispute, or reversal with your bank or payment provider for any charge relating to your Wallet, rather than raising a billing dispute with CK under Section 4.12, CK may immediately suspend your account and access to the Service pending resolution of the chargeback, without liability for any resulting loss of access, data, or capacity. CK may also charge you for any fees, penalties, or costs it incurs as a result of the chargeback. Resolution of a chargeback in your favor does not entitle you to reinstatement of any Wallet balance, Promotional Credits, or Fees forfeited as a result of the chargeback or the suspension under this Section.
5.1 Permitted Use. You may use the API solely to: (a) develop, test, and deploy Your Applications; and (b) enable real-time state synchronization, spatial routing, and replication functionality within Your Applications, subject to these Terms.
5.2 Prohibited Uses. You may not use the API to:
5.3 Rate Limits. CK may impose rate limits on the Public Environment on a per-client, per-key, or aggregate basis. Private Environments are bounded by the instance configuration and any limits CK publishes for that tier. Attempting to circumvent rate limits, including by rotating accounts, distributing traffic across multiple keys to evade per-client limits, or any similar conduct, is a material breach of these Terms.
5.4 Monitoring. CK reserves the right to monitor API usage at the metadata and traffic layer for compliance with these Terms and to maintain operational integrity of the Service. CK does not inspect, filter, or validate the content of Customer Data in transit. See Section 6.4.
5.5 Consequences. Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without notice or refund.
6.1 Customer Data. "Customer Data" means any data, content, or materials transmitted through the API by you or on your behalf. As between CK and you, you retain all ownership rights in your Customer Data.
6.2 Limited Data Retention for QA and Operations. To the extent permitted by applicable law, CK may retain Customer Data for up to seven (7) days following transmission solely for the purposes of quality assurance testing, debugging, and operational integrity of the Service ("Permitted Retention Period"). After the Permitted Retention Period, CK will delete or anonymize such Customer Data. CK does not use Customer Data for commercial purposes under these Terms. CK grants no license to Customer Data beyond what is necessary to operate the Service during the Permitted Retention Period.
6.3 No Sale or Commercial Use of Customer Data. Under these Terms, CK will not sell, license, or commercially exploit Customer Data. If CK intends to change this policy in the future, it will update these Terms with at least 30 days' prior written notice and customers will have the right to terminate without penalty during that notice period. Termination under this Section is treated as a termination without breach by you, and CK will refund your unused paid Wallet balance in accordance with Section 12.6(e)(i).
6.4 No Inspection of Data in Transit. CK operates as a blind replication and routing layer. CK does not inspect, filter, screen, or validate the content of Customer Data in transit. CK may review aggregated traffic metadata after the fact for operational and compliance purposes; it does not perform any mid-stream content processing or validation. CK has no knowledge of, and makes no representations regarding, the nature, legality, accuracy, or appropriateness of any Customer Data. The customer is solely and exclusively responsible for all Customer Data transmitted through the API, including its content, legality, and any consequences arising from its transmission or use.
6.5 Customer Warranty for Data. You represent and warrant that: (a) you have all rights, licenses, consents, and authorizations necessary to transmit Customer Data through the API; (b) Customer Data does not and will not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, or any applicable law or regulation; (c) Customer Data does not contain any material that is illegal, defamatory, or that violates any third-party rights; and (d) your end users have been made aware of and have consented to any applicable data handling practices to the extent required by law. You acknowledge that CK has no ability to verify these representations and relies on them entirely.
6.6 Persistent Storage. The Service is a real-time routing and replication layer. CK does not guarantee persistent long-term storage of Customer Data. You are responsible for maintaining your own data backups and persistence layer as appropriate for your application.
6.7 Personal Data. If Customer Data includes personal data or personally identifiable information, you are solely responsible for: (a) obtaining all required consents; (b) complying with applicable data protection and privacy laws (including GDPR, UK GDPR, CCPA, and similar frameworks); and (c) ensuring your use of the Service is lawful, including with respect to any cross-border transfer of personal data. A separate Data Processing Agreement ("DPA") may be required for processing personal data — contact hello@crowdedkingdoms.com.
6.8 Telemetry and Usage Data. CK may collect aggregated, anonymized telemetry and usage data for purposes of improving the Service. Such data will not identify you or your end users.
6.9 Security. CK implements commercially reasonable security measures to protect the Service. However, CK does not guarantee that the Service is free from unauthorized access. You are responsible for implementing appropriate security controls within Your Applications.
6.10 International Data Location and Processing Role. The Service is operated by a U.S. company. Customer Data transiting the API is currently processed on, and, to the extent retained during the Permitted Retention Period under Section 6.2, stored on, U.S.-based infrastructure only; CK does not currently operate data centers outside the United States. With respect to any personal data included in Customer Data, CK acts solely as a processor or service provider on your behalf, following instructions reflected in the Service's automated operation, and is not a controller of such personal data. If your transmission of personal data to CK's U.S.-based infrastructure constitutes a cross-border data transfer under GDPR, UK GDPR, or similar law, you are responsible for identifying that obligation and putting a lawful transfer mechanism in place; CK will make Standard Contractual Clauses available as part of the DPA referenced in Section 6.7 upon request.
6.11 Children's Data. The API is a developer infrastructure product, is not directed to children, and CK has no visibility into the age of your end users. You represent and warrant that Your Applications are not directed to children under 13 (or the applicable age of digital consent in your jurisdiction) unless you have implemented verifiable parental consent and notice mechanisms compliant with COPPA or the equivalent local law, and that you will not transmit personal data collected from children through the API in violation of such laws. CK relies entirely on your representations under this Section and Section 6.5.
7.1 No SLA at Launch. UNLESS SEPARATELY AGREED IN WRITING IN AN ENTERPRISE AGREEMENT, CK DOES NOT PROVIDE ANY UPTIME GUARANTEE, SERVICE LEVEL AGREEMENT, OR COMMITMENT REGARDING AVAILABILITY OF THE API.
7.2 Maintenance. CK may perform scheduled or emergency maintenance that results in temporary unavailability of the API. CK will use reasonable efforts to provide advance notice of scheduled maintenance.
7.3 Sole Remedy. If CK enters into a separate SLA with you, your sole and exclusive remedy for any failure to meet such SLA shall be service credits as specified in that agreement. No cash refunds shall be owed for downtime under any circumstances.
7.4 Force Majeure. CK shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, internet outages, third-party infrastructure failures, natural disasters, war, terrorism, or governmental actions.
7.5 Third-Party Infrastructure. The Service runs on infrastructure operated by third-party data center and cloud providers. CK does not pass through, incorporate, or guarantee any service level agreement, uptime commitment, or warranty offered by such providers, and CK is not liable for outages, degradation, or failures caused by third-party infrastructure. No SLA is offered under these Terms at this time. Customers who need specific availability commitments should contact hello@crowdedkingdoms.com to discuss an Enterprise Agreement under Section 14.1.
8.1 CK Ownership. CK retains all right, title, and interest in and to: (a) CK Spatial Fabric and the API; (b) all underlying technology, algorithms, protocols, infrastructure, and software; (c) the CK name, logos, and trademarks; and (d) all improvements, modifications, or derivative works of any of the foregoing, regardless of by whom developed. No rights are granted to you other than as expressly stated in these Terms.
8.2 Your Ownership. You retain all right, title, and interest in and to Your Applications and Customer Data.
8.3 Feedback. If you provide CK with any suggestions, ideas, enhancement requests, feedback, or recommendations regarding the API or Service ("Feedback"), you hereby assign to CK all right, title, and interest in such Feedback, including all intellectual property rights therein. CK may use Feedback for any purpose without obligation to you.
8.4 No Implied Licenses. Nothing in these Terms grants you any right, title, or interest in CK's intellectual property except the limited license expressly stated in Section 2.2.
8.5 CK Technical Information. Any technical documentation, architecture details, benchmark data, internal specifications, or other non-public information made available to you through the API, developer portal, or support channels ("CK Technical Information") is proprietary to CK. You may not disclose, publish, reproduce, or distribute CK Technical Information to any third party without CK's prior written consent. This obligation survives termination of these Terms indefinitely.
8.6 SDK and Sample Projects Excluded. These Terms govern the API and Service only. They do not apply to, and do not supersede, the separate open-source license (currently MIT) under which CK makes its client SDKs and sample game projects available. Your use of those SDKs and sample projects is governed solely by the applicable open-source license; nothing in this Section 8 restricts rights granted to you under that license.
9.1 AS IS. THE API AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. CK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
9.2 No Warranty of Results. CK DOES NOT WARRANT THAT THE API WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9.3 High-Risk Applications. THE API IS NOT DESIGNED FOR USE IN HIGH-RISK APPLICATIONS REQUIRING FAIL-SAFE PERFORMANCE INCLUDING, WITHOUT LIMITATION, NUCLEAR FACILITY OPERATIONS, WEAPONS SYSTEMS, AIRCRAFT NAVIGATION, LIFE-SUPPORT SYSTEMS, OR EMERGENCY SERVICES WHERE FAILURE COULD RESULT IN DEATH OR BODILY INJURY. YOU ASSUME ALL RISK FOR SUCH USE.
9.4 No Warranty of Fitness Absent Written Agreement. EXCEPT AS EXPRESSLY SET FORTH IN A SEPARATELY EXECUTED WRITTEN ENTERPRISE AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF CK, CK MAKES NO REPRESENTATION OR WARRANTY THAT THE API IS FIT FOR ANY PARTICULAR USE CASE, INDUSTRY, OR REGULATORY REQUIREMENT, AND NO EMPLOYEE, AGENT, OR REPRESENTATIVE OF CK IS AUTHORIZED TO MAKE ANY SUCH REPRESENTATION OR WARRANTY ON CK'S BEHALF.
10.1 Exclusion of Consequential Damages. IN NO EVENT SHALL CK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE API, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF CK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 Cap on Liability. CK'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (a) THE TOTAL FEES PAID BY YOU TO CK IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (b) ONE HUNDRED U.S. DOLLARS (US $100).
10.3 Essential Basis. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. CK WOULD NOT PROVIDE ACCESS TO THE API WITHOUT THESE LIMITATIONS.
10.4 Exceptions. Nothing in these Terms limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be limited or excluded by applicable law.
11.1 Customer Indemnification. You agree to defend, indemnify, and hold harmless CK and its officers, directors, employees, agents, licensors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Applications or Customer Data; (b) the content, nature, or legality of any data transmitted through the API by you or on your behalf, including any claims by third parties that such data infringes their intellectual property rights, violates their privacy rights, or violates applicable law; (c) your violation of these Terms or applicable law; (d) your violation of any third-party rights; (e) any claim by your end users arising from your application's use of the API; or (f) your breach of the Acceptable Use Policy. You acknowledge that CK operates as a blind replication layer with no ability to inspect or control the content of data you transmit, and that full responsibility for that data rests exclusively with you.
11.2 Indemnification Procedure. CK will: (a) promptly notify you of any claim for which it seeks indemnification; (b) give you reasonable control over the defense and settlement of such claim; and (c) provide reasonable cooperation. CK reserves the right to participate in the defense with counsel of its own choosing at its own expense.
12.1 Term. These Terms commence on the date you first accept them and continue until terminated in accordance with this Section.
12.2 Termination by Customer. You may terminate your account at any time by ceasing use of the API and closing your account through the account portal. Termination does not relieve you of any outstanding payment obligations.
12.3 Termination by CK for Convenience. CK may terminate these Terms or your access to the API with 30 days' written notice.
12.4 Termination for Cause. Either party may terminate these Terms immediately upon written notice if the other party: (a) materially breaches these Terms and fails to cure such breach within 15 days of written notice; or (b) becomes insolvent, makes a general assignment for the benefit of creditors, or becomes subject to bankruptcy, insolvency, or similar proceedings.
12.5 Immediate Suspension or Termination. CK may immediately suspend or terminate your access without notice in the event of: (a) violation of the Acceptable Use Policy; (b) sustained Wallet balance below the First Day Reserve as described in Section 4.13; (c) potential harm to CK, its systems, or other customers; or (d) legal or regulatory obligation. Automatic suspension under Section 4.5 is governed by that Section and does not require notice under this Section.
12.6 Effect of Termination. Upon termination: (a) all licenses granted herein immediately terminate; (b) you must cease all use of the API; (c) you will be responsible for all Fees that accrued through the termination date and were not yet drawn from your Wallet at the time of termination; (d) any remaining Promotional Credits are forfeited immediately and are non-refundable under any circumstances; and (e) any remaining paid Wallet balance is treated as follows: (i) if CK terminates these Terms for convenience under Section 12.3, or otherwise terminates without an underlying breach by you, CK will refund your unused paid Wallet balance within 30 days of the termination date; (ii) in all other cases — including termination by you under Section 12.2, termination for cause under Section 12.4 based on your breach, or suspension or termination under Section 12.5 — any remaining paid Wallet balance is forfeited, except as expressly required by applicable law, including unclaimed property law.
12.7 Data Export Window. Following termination, and to the extent any Customer Data then remains accessible through your account, you will have 30 days to retrieve it, after which CK may delete such data with no liability. Consistent with Sections 6.2 and 6.6, CK does not guarantee that any Customer Data will remain available for retrieval, as the Service is a real-time routing and replication layer with limited retention.
12.8 Survival. The following sections survive termination: 4 (Fees, Billing, and Payment) including without limitation the no-refund and forfeiture provisions, 6 (Data and Privacy) with respect to obligations incurred prior to termination, 8 (Intellectual Property, including 8.5), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), 12.6–12.8, and 13 (General Terms).
13.1 Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
13.2 Dispute Resolution — Mediation Followed by Final Offer Arbitration.
(a) Mediation. Any controversy or claim arising out of or relating to these Terms or any related agreement or any of the transactions contemplated by these Terms will be settled in the following manner: (1) each of the parties will meet to discuss and attempt to resolve the controversy or claim; (2) if the controversy or claim is not resolved as contemplated by clause (1), each party will, by mutual consent, select an independent third party to mediate such controversy or claim, provided that this mediation will not be binding on any of the parties; and (3) if the controversy or claim is not resolved as contemplated by clauses (1) or (2), the parties will have such rights and remedies as are available under these Terms or, if and to the extent not provided for in these Terms, the parties shall submit to binding, private Final Offer Arbitration.
(b) Final Offer Arbitration. Any dispute pertaining to these Terms not resolved by mediation shall be resolved by binding Final Offer Arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (including the Expedited Procedures where they apply), as modified by this Section 13.2 ("Final Offer Arbitration"). Each party shall prepare and submit a single written final offer, and the arbitrator shall select one of the two final offers in its entirety, based on which is the most reasonable; the arbitrator may not modify, average, or fashion a compromise between the offers. This structure is designed to motivate each party to submit a reasonable offer. The arbitrator shall issue a reasoned award selecting one final offer, and that award shall be final and binding.
Final offers may include monetary, declaratory, and equitable terms. Where a dispute seeks primarily declaratory or equitable relief for which a single all-or-nothing final offer is impractical, the arbitrator shall resolve that portion of the dispute on its merits under the AAA Commercial Rules rather than by selecting a final offer, and the final-offer mechanism above applies to the monetary components of the dispute. This does not affect either party's right to seek injunctive or equitable relief in court under Section 13.5.
(c) Single Arbitrator; Appointment. The arbitration shall be conducted by a single arbitrator appointed under the AAA's Commercial Arbitration Rules. If the parties do not agree on the arbitrator within fifteen (15) days after the AAA provides a list of candidates, the AAA shall appoint the arbitrator. The arbitrator should have experience with commercial technology or software disputes.
(d) Seat and Location. The seat and legal place of the arbitration shall be Tarrant County, Texas, and any in-person hearing shall be held in the Dallas–Fort Worth, Texas metropolitan area, unless the parties agree otherwise or the arbitrator directs that proceedings be conducted remotely. These Terms remain governed by Delaware law under Section 13.1.
(e) Fees and Costs. The party whose final offer is not selected by the arbitrator (the "non-prevailing party") shall bear the AAA's administrative fees and the arbitrator's fees and expenses, and shall also reimburse the prevailing party's reasonable attorneys' fees and costs. The arbitrator retains discretion to allocate all such fees, expenses, and costs differently for good cause — including directing that each party bear its own attorneys' fees and costs — and may award additional attorneys' fees and costs for bad-faith conduct or where authorized by applicable law.
(f) Confidentiality. The arbitration — including its existence, the parties' submissions, and the award — shall be kept confidential, except as necessary to conduct the arbitration, to enforce or challenge the award, or as required by law.
(g) Consolidation. Related disputes between the parties arising under these Terms, the SDK Developer Terms, or other related agreements may be consolidated into a single Final Offer Arbitration to avoid duplicative proceedings.
(h) Award; Entry of Judgment. The award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Nothing in this Section 13.2 limits either party's right to seek injunctive or equitable relief under Section 13.5.
13.3 Class Action Waiver. YOU AND CK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
13.4 Dispute Resolution — Exclusive Forum; Binding Arbitration. DISPUTES UNDER THESE TERMS ARE RESOLVED EXCLUSIVELY THROUGH THE PROCESS SET FORTH IN SECTION 13.2: DIRECT NEGOTIATION, FOLLOWED BY MEDIATION, FOLLOWED BY BINDING FINAL OFFER ARBITRATION IF NO RESOLUTION IS REACHED. ANY ARBITRAL AWARD IS FINAL AND BINDING. IN THE EVENT A COURT OF COMPETENT JURISDICTION DETERMINES THAT A SPECIFIC DISPUTE IS NOT SUBJECT TO ARBITRATION, EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO A JURY TRIAL FOR SUCH CLAIM.
13.5 Exception for Injunctive Relief. Notwithstanding Section 13.2, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened misappropriation of intellectual property.
13.6 Export Compliance. You agree to comply with all applicable U.S. and international export control and trade sanction laws and regulations in connection with your use of the API. You represent that you are not on any U.S. government denied-party list.
13.7 Entire Agreement. These Terms, together with any applicable order forms, enterprise agreements, or addenda, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings.
13.8 Order of Precedence. In the event of a conflict between these Terms and any separately executed enterprise agreement or order form, the terms of the enterprise agreement or order form shall control.
13.9 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
13.10 Waiver. CK's failure to enforce any provision of these Terms shall not constitute a waiver of its right to enforce such provision in the future.
13.11 Assignment. You may not assign these Terms or any rights or obligations hereunder without CK's prior written consent. CK may freely assign these Terms, including in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any purported assignment in violation of this Section is void.
13.12 No Third-Party Beneficiaries. These Terms are for the sole benefit of the parties and their respective permitted successors and assigns. Nothing in these Terms shall create or be deemed to create any rights in any third party.
13.13 Notices. Legal notices to CK must be sent in writing to: Crowded Kingdom Studios, Inc., 2410 Mesa Glen Dr, Arlington, TX 76001, with a copy to hello@crowdedkingdoms.com. CK may send notices to you at the email address associated with your account.
13.14 Relationship of Parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.
13.15 Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.
14.1 Enterprise Agreements. Customers requiring custom SLAs, dedicated infrastructure, volume pricing, data processing agreements, or other terms not covered by these standard Terms should contact CK at hello@crowdedkingdoms.com to discuss an Enterprise Agreement.
14.2 Reseller Arrangements. If you wish to integrate CK Spatial Fabric into a product or platform that you resell or sublicense to your own customers, you must obtain a separate written Reseller or OEM Agreement from CK prior to doing so. Unauthorized resale is a material breach of these Terms.
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